LGBT POV

LGBT political pundits buzzed about a report in the San Francisco Chronicle late Thursday saying there was a good possibility that the closing arguments in the federal bench trial challenging the constitutionality of Prop 8.

However, the court issued a press release late Friday night throwing cold water on any such speculation:

The Supreme Court’s concerns about witness intimidation “are not present in closing arguments,” Burke said. “This is an issue of critical concern to a lot of people. … In our view, the more access, the better, regardless of which side you’re on.”

Certain recent articles have reported incorrect information about possible broadcasting of closing arguments in Perry et. al. v. Schwarzenegger et. al. , Civil Case No. 09-02292. This e-mail is intended to provide all media pass holders and other members of the media with current and correct information.

1.  On January 15, 2010, Chief Judge Walker withdrew his previous request to include Perry et. al. v. Schwarzenegger et. al . in the Ninth Circuit’s pilot program permitting broadcasting of district court proceedings in limited circumstances. On the same date, Chief Judge Kozinski approved the request to withdraw the Perry case from the program. Broadcasting closing arguments would require Chief Judge Walker to request that these arguments be included in the Ninth Circuit’s pilot program and approval of that request by Chief Judge Kozinski. No such request has been made.

2.  The presentation of evidence has not been completed; defendant-intervenors requested that their case remain open pending completion of discovery they are seeking from third parties. The proceedings concerning this discovery are on-going.

Further information regarding the date for closing arguments will be made available on the court’s website when a date has been scheduled.

The defendant-intervenors are seeking reams of emails from groups such as Equality California that were involved in the No on Prop 8 campaign. EQCA is contesting the claim for the documents.